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What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

 
 

Legal disability and Disability of one of several persons are defined under section 6 and 7 of Limitation Act 1963. Provisions under these sections are:

Section 6 of Limitation Act "Legal disability"

Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceases, as would otherwise have been allowed from the time specified therefore in the third column of the Schedule.

(2) Where such person is, at the time from which the prescribed period it to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified.

 
  (3) Where the disability continues upto the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.

(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents. affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.

(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.

Explanation - For the purposes of this section 'minor' includes a child in the womb.

Notes - This section corresponds with section 6 of the old Act with some changes.

Section 7 of Limitation Act "Disability of one of several persons"

Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has cased.

Explanation I - This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.

Explanation II - For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint-family property.

 

Limitation Act 1963

What are the Definitions under Limitation Act 1963? Section 2 of Limitation Act 1963

What is Bar of limitation? Section 3 of Limitation Act 1963

What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

What is Special exceptions? What is Continuous running of time? What is Suits against trustees and their representatives? Section 8, 9 and 10 of Limitation Act 1963

What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 

 

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